Regional Water Quality Control Board, Lahontan Region

California Regional Water Quality Control Board, Lahontan Region

Guidance for the Lake Tahoe Basin Timber Waiver Application

and Certification Form (Tahoe Application)

Individuals or public agencies conducting firesafe projects within the Lake Tahoe Basin must now complete the Tahoe Application. The Tahoe Application will guide you through the steps of determining whether you need a permit or a field visit from Water Board staff to allow vegetation removal on your property.

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Water Board Basin Planand Timber Waiver Policy

All forestry projects conducted within the Lake Tahoe Basin, whether commercial or not, are subject to the requirements contained in the Water Quality Control Plan for the Lahontan Region (“Basin Plan”). In short, any cutting or removal of timber or other vegetation that could have any adverse effect on water quality requires a permit or waiver from the Water Board. No fee is currently required to apply for or receive a categorical waiver from the Water Board for timber harvest activities, but landowners are responsible for obtaining a waiver, and could be subject to enforcement action if they do not.

You must receive authorization from Water Board staff prior to cutting or removing trees or vegetation within an SEZ. In order to acquire an “Emergency” or “Exemption” permit from CDF for thinning of live vegetation in stream zones, you must first acquire a signed certification from Water Board staff, and then send a copy of the Water Board’s certification to CDF along with your CDF application. A certification form is attached to this application. Timber activities not covered under CDF permits may still require our approval.

For all projects, we encourage you to contact TRPA at (775) 588-4547 and CDF at (916) 653-5123 to see if you must obtain permits from these agencies.

What is an SEZ?

(Stream Environment Zone)

SEZs include areas with surface water present or that maintain a seasonally high water table. Examples include meadows, streamside areas, lakes and their shorezone, rivers, floodplain, and wetlands. Indicators of SEZs include vegetation such as aspen trees, willows, and other plants that like moist areas. Vegetated SEZs are especially important to the protection of water quality because they serve as filters for pollution that could otherwise reach surface waters. There are many SEZs within the Tahoe Basin that have been disturbed, or where fires have been suppressed to protect people and their property. The result has been an increased fire hazard in some areas due to an overabundance of dead, dying, or diseased vegetation, and in some circumstances, excessive lodgepole pine growth.

To determine whether there are SEZs on your property, call TRPA to request a map showing SEZ areas within the Lake Tahoe Basin (denoted as Land Capability “1b”). Water Board staff or a Registered Professional Forester can also help you to identify whether your project site contains SEZs, as well as discuss available removal methods (summarized on page 6).

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Application Instructions

Please proceed with filling out the attached forms to determine whether you will need a Timber Waiver, a certification from Water Board staff to work within SEZs, or if no submittal is required at all. Please note that projects within 150 feet of existing structures with no work proposed within or adjacent to an SEZ do not require an application to be submitted; you do not need to read further. If you have questions or need assistance, please contact Erika Lovejoy at the Water Board at 530-542-5409.

California Regional Water Quality Control Board, Lahontan Region

Lake Tahoe Basin Timber Waiver Application and Certification Form

for Non-federal Projects

PLEASE NOTE: No submittal is required for firesafe work that will be conducted within 150 feet of an existing structure and that is not in, or adjacent to an SEZ.

Please Type or Print Clearly in Ink

1. APPLICANT INFORMATION

Property Owner Mailing Address

City State Zip Phone

Fax (optional) Email Address (optional)

Owner's Representative (optional) Street Address

City State Zip Phone

Fax (optional) Email Address (optional)

Project Title and CDF Plan Number (if applicable)

CERTIFICATION FORM

Please sign and submit this certification to the Water Board with your application after you have completed the entire application. For projects that include cutting or removal of live trees or other vegetation within stream environment zones, a copy of this form, signed by Water Board staff, must be submitted to CDF with your Emergency or Exemption notice. All other agency approvals must be obtained separately.

CERTIFICATION BY LANDOWNER: I, the Landowner, hereby certify under penalty of perjury that the information provided in this application accurately represents site conditions and that implementation of the approved plan or notice will assure compliance with all eligibility criteria and conditions for the Waiver category for which I am applying.

Signature: Date:

WATER BOARD STAFF CERTIFICATION: The proposal for cutting vegetation in SEZs/WLPZs is accepted, and if conducted as proposed would comply with the soil protection and vegetation retention requirements of the Basin Plan.

Water Board Staff Signature Date

Send all applications to:Lahontan Regional Water Quality Control Board

Attn: Tahoe Basin Timber Harvest

2501 Lake Tahoe Blvd.

South Lake Tahoe, CA 96150

Please contact Erika Lovejoy if you have any questions or to schedule a field visit.

Phone: 530-542-5409 Email:

California Regional Water Quality Control Board, Lahontan Region

Lake Tahoe Basin Timber Waiver Application and Certification Form

(continued)

2. PROJECT DESCRIPTION

a) Project Title, Purpose, and Description (please attach additional sheets as needed):

b) If applicable, list the Timber Harvesting Plan (THP) name and number. Or, if you plan to acquire a CDF emergency or exemption approval in lieu of a THP, state the type of approval you plan to seek from CDF. If you do not plan to obtain approval from CDF (i.e., because your project is not commercial), leave this section blank.

c) Project Location. For small (backyard) projects, list your city and street address and Assessor’s Parcel Number. For projects that involve a THP or other approval from CDF, include Section, Township and Range, attach a road map of site with waters clearly indicated and USGS quad map with your site outlined.):

d) Proposed Schedule for Project (start-up date, duration, etc.):

e) For large projects (if applicable), type of California Environmental Quality Act (CEQA) compliance (include, if complete, State Clearinghouse number and date of adoption of EIR, Neg. Dec. or copy of Notice of Exemption):

3. AFFECTED WATERS

a) Is any work proposed within a stream environment zone (SEZ), or near any waterbodies where storm water runoff from the project area could potentially reach a water body or SEZ? What is the nearest surface water body, and about how far away is it?

b) Describe proposed measures to avoid impacts to water bodies and/or SEZs (e.g., best management practices, erosion control, revegetation, monitoring, etc). Attach additional sheet(s) if necessary.

California Regional Water Quality Control Board, Lahontan Region

Lake Tahoe Basin Timber Waiver Application and Certification Form

(continued)

1. PROJECT TYPE

Please Check the Appropriate Box:

 (A) Firesafe work will be conducted within 150 feet of an existing structure, is not in or within 100 feet of an SEZ, and there is no potential to discharge sediment to an SEZ. No submittal is required!

 (B)Firesafe work will be conducted within 150 feet of an existing structure and: a) includes removal of dead and dying trees within an SEZ; or b) there is a potential to discharge sediment to an SEZ. The project must follow the conditions listed below and comply with Lahontan Basin Plan restrictions within SEZs (see attached guidance). (Forest Practice Rules regulations cited below can be found at http://www.fire.ca.gov/php/rsrc-mgt_forestpractice.php.)

1.No timber harvest activities on slopes greater than 60%.

2.No timber harvest activities within any Special Treatment Area “type a” or “type c,” as defined in 14 CCR 895.1, except hauling over existing roads that complies with the rules associated with that Special Treatment Area.

3.No new construction or reconstruction, as defined in 14 CCR 895.1, of logging roads, landings, or watercourse crossings.

4.No timber harvest activities within the standard width of a Watercourse and Lake Protection Zone, as defined in 14 CCR 916.4 [936.4, 956.4](b), or within 25 feet of any Class III or Class IV watercourse where sideslope steepness is 30% or greater, except for use and maintenance of existing permanent roads, use of existing bridges and existing culverts as skid trail crossings, and maintenance of associated drainage facilities or structures.

5.No timber harvest activities that may disturb, threaten, or damage known or potential aquatic or wetland habitat for rare, threatened or endangered plants or animals.

6.No timber harvest activities on soils with high or extreme erosion hazard rating.

7.No heavy equipment operation in meadows or wet areas, except use and maintenance of existing roads and associated drainage facilities or structures.

8.No timber harvest activities during the winter period from October 15 through May 1, or under saturated soil conditions as defined in 14 CCR 895.1

9.No timber harvest activities involving mechanical site preparation, as defined in 14 CCR 895.1.

10.No timber harvest activities involving prescribed burning.

11.No timber harvest activities that do not meet minimum stocking requirements immediately upon completion of harvest, as defined in 14 CCR 912.7 [932.7, 952.7].

12.No timber harvest activities that include, are accompanied by, or followed by post-harvest applications of herbicides.

 (C)Firesafe work will be conducted within 150 feet of an existing structure and the project proposes to cut live SEZ vegetation. Please contact Water Board staff to determine if Water Board authorization is needed. If you are applying for a permit from CDF, the Applicant must obtain certification from Water Board staff and submit a copy of the signed certification with your California Department of Forestry and Fire Protection (CDF) emergency or other exemption form notice (CDF requires our certification for live tree thinning in SEZs within the Lake Tahoe Basin if the wood product will be sold).

 (D) The proposed project includes timber harvest activities beyond 150 feet from existing structures, but no cutting or removal of live vegetation within SEZs. The Applicant must apply for a waiver under Categories 1, 2, 3, or 4 of the Water Board’s Timber Waiver Policy (see item 5, below).

 (E) The proposed project includes timber harvest activities beyond 150 feet from existing structures and work in, or adjacent to an SEZ, and/or is on soils with a high or extreme erosion hazard rating. The Applicant must apply for coverage under Categories 2, 3, or 4 of the Water Board’s Timber Waiver Policy (see Item 5, below). Also, if you plan to seek an exemption or emergency permit from CDF, you must contact Water Board staff to sign the certification on this form. A copy of the signed certification must be submitted with your California Department of Forestry and Fire Protection (CDF) emergency or other exemption form notice to CDF.

California Regional Water Quality Control Board, Lahontan Region

Lake Tahoe Basin Timber Waiver Application and Certification Form

(continued)

5. APPLICATION FOR CONDITIONAL WAIVER FOR TIMBER HARVEST

Complete this section if you checked box “D” or “E” under Section 4, Project Type. Please reference the timber waiver policy at http://www.waterboards.ca.gov/lahontan/WDRs/Timber_WDR_Index.htm to determine whether you qualify for Categories 1, 2, 3, or 4.

Please check the box(es) next to the waiver category that applies to your project:

 Category 1: Minor Timber Harvest Activities on Nonfederal Land. The project will proceed under a CDF approved plan (i.e., THP, NTMP, PTHP, etc.), and the CDF-approved plan incorporates the Regional Board’s 16 eligibility criteria for a Category 1 Waiver within the plan, as part of the plan (reference: Waiver p. 4-5, Sec. II.A.1.b and II.A.2.b) OR the project will proceed under a CDF-accepted Notice of Exemption or Notice of Emergency, and in addition to practices required by CDF, the project will also follow the 12 eligibility criteria listed under Project Type 4.b. of this application (see also: Waiver p. 4-5, Sec. II.A.1.b). Note: Noncommercial “firesafe” projects not requiring CDF approval may also apply under this category, if they meet certain requirements.

 Category 2: Exempt Or Emergency Timber Harvest Activities On Nonfederal Lands That Do Not Qualify For Waiver Under Category 1. An RPF conducted a comprehensive site review. Attached is a brief description of the findings of the RPF’s review, and a list of all required additional management practices to be followed (ref: Waiver p. 6-7, Sec. II.B.1.a-d). Note: Noncommercial “firesafe” projects not requiring CDF approval may also apply under this category, if they meet certain requirements. Also, check one box below and attach indicated documentation:

Special circumstances requiring additional review by a biological scientist were encountered by the RPF(ref: Waiver p. 6, Sec. II.B.1.a-b). The report of the qualified biologist is attached.

No special circumstances exist that require additional review by experts other than the RPF.

 Category 3: Timber Harvest Activities On Nonfederal Lands That Receive Discretionary Approval From CDF And For Which Water Board Staff Has Fully Participated In The Interdisciplinary Review Team Process. For THPs, NTMPs, and other plans waived under Category 3, all identified additional management practices or water quality protective measures resulting from Water Board participation in the CDF review process must be included within the CDF-approved plan as part of the plan (ref: Waiver p. 8, Sec. II.C.1.a-d).

 Category 4: Timber Harvest Activities On Nonfederal Lands That Receive Discretionary Approval From CDF For Which Water Board Staff Has Not Fully Participated In the Interdisciplinary Review Team Process And Which Are Not Eligible For A Waiver Under Category 1. The RPF conducted a comprehensive site review. The findings of the RPF’s review, and a list of all required additional management practices have been incorporated into the CDF-approved plan as part of the plan (ref: Waiver p. 9-11, Sec. II.D.1-3). Check one box below and attach indicated documentation:

Special circumstances requiring additional review by other experts were encountered by the RPF. The report(s) of the other expert(s) are attached to the CDF plan or to this application, and the required additional practices have been incorporated into the CDF-approved plan as part of the plan (ref: Waiver p. 9-11, Sec. II.D.1.a-c).

No special circumstances exist that require additional review by experts other than the RPF.

6. REGISTERED PROFESSIONAL FORESTER (fill out for Categories 2-4):

RPF Name: RPF Number:

Street Address City

State Zip Phone Fax

Email Address

RPF Signature Date

California Regional Water Quality Control Board, Lahontan Region

Summary of Requirements for Forest Management Activities in the Lake Tahoe Basin

The Basin Plan’s restrictions on forestry projects (found in Section 5.13) are summarized below. Water Board staff may be contacted to seek clarification on these policies.

Tree cutting within SEZs may be permitted provided that:

• All vehicles shall be restricted to areas outside of SEZs, or to existing roads within SEZs, except for over-snow tree removal. Work within SEZs must be conducted by hand, over-snow, or by aerial methods. The Water Board may allow the use of “innovative technology vehicles” if it can be demonstrated that the vehicle will not have a greater impact than over-snow activities.
• Forest management activities on high erosion hazard lands shall be solely by means of helicopter, balloon, over snow, or other techniques, which will not result in significant soil disturbance.
• Work within SEZs is limited to times of the year when soils are dry and stable or when snow depth/temperature are adequate for over-snow removal.
• Felled trees and debris must be kept out of all perennial and intermittent streams.
• Crossing of perennial streams or other wet areas shall be limited to improved crossings in accordance with TRPA’s 208 Plan BMP Handbook (see Volume II, Silvicultural Practices), or to temporary bridge spans that can be removed upon project completion. Special conditions may be placed on tree harvest activities within SEZs or edge zones adjoining SEZs.
• No significant soil disturbance shall be permitted in SEZs, on high erosion hazard lands, on soils with low productivity, or on soils with low revegetation potential.
• No vegetation shall be disturbed or removed from SEZs except to maintain the health and diversity of the SEZ vegetation or to maintain the character of the SEZ. Fuel reduction projects must take into account maintenance of the overall health of the SEZ when removing excess fuels.
• No clearcut logging is permitted. Patch cuts may be allowed to achieve an increase in vegetative diversity.
• Forest management activities must adhere to SEZ setback requirements in the Basin Plan.

Tree removal methods within the various Land Capability Districts are limited to the following methods:

Land Capability District

Removal Method

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